2023-03-09

Regulation to amend Regulation 13-102 respecting System Fees for SEDAR and NRD

The Government of Québec, acting on the recommendation of the Minister of Finance, approves amendments to Regulation 13-102 respecting System Fees for SEDAR and NRD. The regulation reduces the system fees for investment fund issuers filing a combined simplified prospectus and fund facts document to $585.00, with a reduced rate of $162.50 for combined filings. These changes aim to reduce regulatory burden for investment fund issuers and come into force on the fifteenth day following publication in the Gazette officielle du Québec.

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286 GAZETTE OFFICIELLE DU QUÉBEC, March 8, 2023, Vol. 155, No. 10 Part 2 (2) the other members of a dispute settlement board are entitled to 1 hour of fees; (3) a disputes arbitrator is entitled to 1.5 hours of fees.”. 4. Section 6 is amended by replacing “according to the Directive concernant les frais de déplacement des per￾sonnes engagées à honoraires par des organismes publics (C.T. 212379, 2013-03-26 amended by C.T. 214163, 2014-09-30)” by “according to the Directive concernant les frais de déplacement des personnes engagées à honoraires par des organismes publics made by the Conseil du trésor on 26 March 2013, as subsequently amended”. 5. Section 7 is amended by replacing “115” in the second paragraph by “144”. 6. Section 8 is replaced by the following: “8. When a case is fully settled or postponed at the request of a party, each member of a dispute settlement board or a disputes arbitrator is entitled, as an indemnity and at the rates set in section 2, to fees determined as follows: (1) 1 hour of fees if the settlement or postponement occurs between 45 and 31 days before the date of the arbitration hearing; (2) 3 hours of fees if the settlement or postponement occurs between 30 and 11 days before the date of the arbitration hearing; (3) 5 hours of fees if the settlement or postponement occurs 10 or fewer days before the date of the arbitration hearing.”. 7. The following is inserted after section 9: “9. The fees provided for in section 2, as well as the travel allowance provided for in section 7, are adjusted on 1 January of each year by a rate corresponding to the annual change in the average all-items Consumer Price Index for Québec without alcoholic beverages, tobacco products, smoker’s supplies and recreational cannabis for the 12-month period ending on 30 September of the year preceding that for which the fees and travel allowance must be adjusted. Such fees and travel allowance, so adjusted, are decreased to the nearest dollar if they include a dollar frac￾tion under $0.50; they are increased to the nearest dollar if they include a dollar fraction equal to or over $0.50. The Minister responsible for municipal affairs informs the public of the result of the adjustment made under this section in Part 1 of the Gazette officielle du Québec and by any other means the Minister considers appropriate.”. 8. This Regulation applies to disputes submitted to a dispute settlement board or disputes arbitrator whose activities commence on or after the date of coming into force of this Regulation. 9. This Regulation comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec. 106149 Gouvernement du Québec O.C. 171-2023, 22 February 2023 Securities Act (chapter V-1.1) System Fees for SEDAR and NRD —Regulation 13-102 —Amendment Concerning the Regulation to amend Regula￾tion 13-102 respecting System Fees for SEDAR and NRD Whereas, under subparagraph 9 of the first paragraph of section 331 of the Securities Act (chapter V-1.1), the Autorité des marchés financiers may, by regulation, pre￾scribe the fees payable for any formality provided for in the Act or the regulations and for services rendered by the Authority, and the terms and conditions of payment; Whereas the second paragraph of section 331 of the Act provides that a regulation made under that section is to be submitted to the Government for approval, with or without amendment; Whereas the Autorité des marchés financiers made the Regulation to amend Regulation 13-102 respecting System Fees for SEDAR and NRD by the decision no. 2021-PDG￾0059 dated 17 November 2021; Whereas, in accordance with sections 10 and 11 of the Regulations Act (chapter R-18.1), the draft regulation to amend Regulation 13-102 respecting System Fees for SEDAR and NRD was published in Part 2 of the Gazette officielle du Québec of 6 April 2022, with a notice that it could be submitted to the Government for approval, with or without amendment, on the expiry of 45 days following that publication; © Éditeur officiel du Québec, 2023 Diffusion autorisée par Les Publications du Québec

Part 2 GAZETTE OFFICIELLE DU QUÉBEC, March 8, 2023, Vol. 155, No. 10 287 Whereas it is expedient to approve the Regulation with amendments; It is ordered, therefore, on the recommendation of the Minister of Finance: That the Regulation to amend Regulation 13-102 respecting System Fees for SEDAR and NRD, attached to this Order in Council, be approved. Yves Ouellet Clerk of the Conseil exécutif REGULATION TO AMEND REGULATION 13-102 RESPECTING SYSTEM FEES FOR SEDAR AND NRD Securities Act (chapter V-1.1, s. 331, 1st par., subpar. (9))

  1. Appendix B of Regulation 13-102 respecting System Fees for SEDAR and NRD (chapter V-1.1, r. 2.1) is amended by replacing the third line of the table with the following: “ 3 Investment fund issuers/securities offerings Simplified prospectus and fund facts document (Regulation 81-101 respecting Mutual Fund Prospectus Disclosure (chapter V-1.1, r. 38)) $585.00, which applies in total to a combined filing, if one simplified prospectus is used to qualify the investment fund securities of more than one investment fund for distribution $162.50, which applies in total to a combined filing, if one simplified prospectus is used to qualify the investment fund securities of more than one investment fund for distribution ˮ.
  2. This Regulation comes into force on the fifteenth day following its publication in the Gazette officielle du Québec. 106150 © Éditeur officiel du Québec, 2023